Can You Argue Against Your Prenup Applying?

If you have signed a prenuptial agreement and you do not want it to apply in your divorce, it may be possible for you to contest the prenup. However, you need to have a solid legal argument for why the judge should not apply the contract provisions that you agreed to.

There are different ways you can try to contest the prenup. For example, you could argue you signed it under duress because you felt as though you had no choice. If your spouse had presented it to you after the wedding was planned and said you had to sign or the wedding would be called off, this could be an example of a situation where you can argue you signed under duress.

You can also argue that you signed based on misrepresentations or fraud. If your spouse did not disclose income or assets or was not forthcoming and honest before you signed the prenup, it is possible that it will not apply.

These are a few of several arguments you could make to try to get a prenup not to be enforced. A professional with an understanding of divorce laws can help you to make the most compelling arguments about why your prenuptial agreement should be disregarded. Visit our website to schedule a free consultation with an experienced Florida divorce lawyer today.

This entry was posted
on Tuesday, July 14th, 2015 at 7:08 am and is filed under Divorce Documents.
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